Basement Apartment Conversion Pilot Program (BACPP). The state Senate and the Assembly are close to passing legislation that would legalize the underground market of unregulated basement apartments in New York City. /O 22 The state Senate and the Assembly are close to passing legislation that would legalize the underground market of unregulated basement apartments in New York City. In announcing the effort in March 2019, Mayor Bill de Blasio said in a statement that too many of the citys basement apartments are illegal and unsafe and that the effort would help New Yorkers convert their basements into safe and affordable homes. Tenants in the New York City Housing Authority's Cooper Park Houses, a historically Black low-income housing complex in Brooklyn, are accustomed to making do and defying the odds, whether that means scrambling to secure last-minute holiday meals for . The others were dismissed by judges or dropped by district attorneys. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. 1004. 23 0 obj The price seems like a steal. Members and sponsors make THE CITY possible. New York small claims court will hear rent-related disputes. If it was somebody white calling, I believe this would be a different case, said Holness. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. I lose everything, said Holness. She was shut out for good. In New York City, where you can expect to pay more than $2,000 a month for even a modest one-bedroom apartment, you can find one of these unregistered rentals for less than $1,000. Long story short we have been collecting 1,200 a month on rent from a family friend. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. There are several reasons that a property could be illegal to rent. Between 2007 and 2017, there was a 43% increase in renters over 60. It was our home. The landlord was arrested and charged, though his criminal case was dismissed. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. /P 0 Legislators say these apartments could be housing up to 100,000 people across the five boroughs and their unsafe conditions have put tenants at risk of death. << 0 John Farr. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. The rental agreement in many states becomes unenforceable. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. It also carries hefty civil penalties, too. The high number of dismissals is not surprising based on how the justice system works, said Gerard Deenihan, a staff attorney at the Legal Aid Societys Queens office. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. Two family residential houses abound in Queens and Brooklyn. /Height 346 In California, while you must vacate an illegal unit once it is discovered, you may not have to pay any rent and may be entitled to a refund of part or all of the rent you have paid while you were there. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. To report a residential rental less than 30 days, go to the Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing) page. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Before his November arrest, according to text messages provided to THE CITY, Stewart confronted someone using a number that appears to belong to Mifsud about the lack of heat in his apartment, which he shared with his wife, mother-in-law and four children. The landlord demanding that tenants pay rent only by letting him withdraw it directly from their bank accounts, and sometimes taking out more than one month's rent. However, renting an illegal apartment comes with its own risks, including that your landlord won't have to comply with local laws relating to renting places to . Section 21 makes it possible for a landlord to ask for two months' notice without any reason. To report a Single Room Occupancy (SRO) being rented as a hotel room, use theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. Since NYC has so many different kinds of buildings and tenancies, were going to use a two family house as an example in this article. Eviction for Nonpayment of Rent. New York residents are under an order by the state to remain in their homes. } !1AQa"q2#BR$3br (914) 965-3331 4:30 pm-8:30 am. Many of the arrests led to desk appearance tickets, which allow defendants to come back to court later even though the NYPD patrol guide expressly prohibits issuing the tickets for unlawful evictions. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. The number of vacate orders was even higher during the same March through October period in 2019, with 156 orders issued in that period, according to HPD data. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. Holness eventually had to move on to an apartment elsewhere in Queens. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. After they left their apartment, they spent two days in Corona Park before Norma called her brother in Brooklyn to ask for a place to stay, according to Norma. Another hurdle is the 2020 New York State discovery reforms that substantially expanded records prosecutors must turn over to the defense, and tightened the time to do so. The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. Criminal court is a huge assembly-line type justice place, where you have hundreds of thousands of cases going through every year on all different levels, said Deenihan. The Council's hearing and approval process would ensure members of the Basement Board are representative of the diverse constituencies, including homeowners and tenants, impacted by its policymaking and create more accountability and transparency in the appointment process. A detainee who was attacked on Rikers Island, a former jail mental health counselor, a former commissioner, and a juvenile detention manager: All weigh in on the crisis and what can be done. The city estimates there are roughly 50,000 illegal basement apartments in New York City. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. Know that saying, "if it sounds too good to be true, it probably is"? J90+Y18X[&hZV(CtoNJ|,Y,2jS\\m+L=H:\ Q&xtF&+!O8(*I,U wlR(TI\CPg3$UESk|'l`%FWj[X(UD1]@=[iSgGEH& \W !-lxT( The apartment is in the basement or attic. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. stream xZ[o~7yq )OkuN)%h;Ps8K7;ng?#[__zI/9IrxkY^_}]_z$JS'vn?qNY~}u0}}3*r, 9EKEi/Suc8k:w'cgwY3wC're^$DO?p7@yqN!9Dr)yofoS% A7LY04Q;';O*9'`_88~VR*D=Bxgu\;eJ2TDJ2,ZV4 V'^Lb2~nKQB[!T >> A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. Please call 311 for more information on compliance. The illegal basement apartment is a different concern. The case from the Supreme Court, Appellate Term, Second Department, decided the case of Pickering v Chappe, 2010 NY Slip Op 20326 (29 Misc 3d 6) "there is no bar to the . No defendant arrested in 2020 or 2021 has been convicted of unlawfully evicting a tenant when that charge was the top charge listed, according to the court data. Nonprofit partner organizations working on the effort, including Cypress Hills LDC and Chhaya CDC, said in an open letter signed by dozens of other housing and community development groups that the reductions left the program with just $91,000 for the year. The pilot programs interruption comes at a time when tenant advocates say theyre hearing residents of basement apartments are facing greater pressure from their landlords. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . As later noted in an HPD lawsuit, the landlord had a responsibility to keep her building in good repair. The suit further noted that these violations meant Holnesss life was in immediate and constant danger.. To avoid any potential defects, however, and to try and minimize a motion to dismiss that may be filed, it would be a best practice NOT to include any request for a money judgment. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. Following a car accident in May 2019, she was hospitalized. Advocacy groups that had been pressing for such an effort for more than a decade celebrated the program, hoping that it would expand to other boroughs and provide thousands of additional apartments across the city. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. All Rights Reserved. The Kavnanagh-Epstein bill would grant the city authority to provide financial relief, rather than penalties, to landlords and tenant protections to those living in basement units. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. What Is An Illegal Apartment In Nyc Are The . A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. Suing her landlord in June didnt restore her to her previous home, because she was living in what the city deemed an illegal boiler room. THE CITY was unable to reach the landlord of their unit after multiple requests. /Parent 18 0 R l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od There is a minimum ceiling height of 7 ft. Newark has free . Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. Illegal evictions are rising across the state, but landlords rarely face consequences . If you are a commercial tenant, you can get information about financial and legal resources, including help reviewing and negotiating commercial leases, on the Coronavirus (COVID-19) and Businesses page. 0000064161 00000 n And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. In New York City's public housing, two out of five households are led by someone age 62 or older. Most browsers include functionality to let you increase or decrease the text on a web page. View > Text Size > Largest, In the View menu, select Zoom In. If the property is located in Nassau County, Suffolk County, or outside of New York City, you can sue up to $5,000 in City Courts or $3,000 in Town and Village Courts. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. We still havent figured out how we move forward with the little bit of money left in the budget.. This includes commercial space altered for residential or manufacturing purposes. Its very hard.. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. The police department was previously budgeted for $454 million in overtime pay for the current fiscal year but is already on pace to spend over $820 million. What this means is that a landlord can bring a holdover case to evict a tenant, even if there is someone living in an illegal basement, but may not in that holdover case seek an award of money damages, such as for unpaid rent or use and occupancy. If a landlord is seeking to evict a tenant in a property where there is someone living in an illegal basement, the best option would be to NOT include any language that requests a money judgment. 0000000017 00000 n Get updates on important news and legislation from this Committee. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. Now comes the interesting part. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. Since May, Holness hasnt been able to return to her apartment. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. When he opened the backyard door, dirty water cascaded into their apartment like a waterfall, according to him and multiple photos and videos provided to THE CITY. Can you be evicted from an illegally rented property? endobj HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. During this period, property owners must The 600 sq. The answer is usually pretty simple. /Resources << The tenant may be able to win in other ways. modsquad81. Recently we renovated the storage area in the basement put in a stove, fridge etc. Report a residential space used as a business. But Holness said she never got the keys. 0000003619 00000 n Holness withheld her rent in February because of the persistent utility shutoffs, according to evidence she later offered in a Housing Court case she filed against Mifsud. You can report a residential space used as a business. endobj Contact the Housing Division: General Housing information (914) 377-6527. /BitsPerComponent 8 In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. Perhaps it is a 3 unit that is only approved to be a 2 unit building. But that was before COVID and cuts to local government spending. A landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. View > Zoom InMacintosh Shortcut: Command+. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. 0000001370 00000 n The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. 0000000790 00000 n Tamel Anderson says his landlord locked him out of his Albany basement apartment. Of course the tenant loses as well because he must vacate; but the landlord must pay his relocation expenses which are assessed at an amount equal to six times the monthly rent, five days before the tenant vacates the premises. The Official Website of the City of New York. Attorneys may be able to work out a deal with a landlord and avoid court. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. They cant do nothing about it because its not criminal.. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. But ultimately, they did not file a housing court case. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. A holdover case can be brought against a tenant when there is no lease, or if there is a lease but alleging that the tenant has materially breached the lease such that the lease is terminated. At first, the landlord seemed receptive to helping them but later changed his mind. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. 1. Carol, 63, of Queens, lives in a homeless shelter after a Housing Court decision issued last summer determined that her previous apartment was an illegal dwelling. Perhaps there are no standard size windows in a basement or no exit in case of fire. The City intends to use the data collected from this survey to generally add and improve City services. To change the text size on NYC.gov you can use your web browser's settings. [1] notice to pay rent or vacate the premises. The official NYC heat season begins October 1 and runs until May 31. There are lots of rules, regulations and procedures that need to be followed, especially by landlords, to make sure that a unit that they are renting is in full compliance to rent. Plumbing and everything works. Kavanaghs bill would set a new standard of safety that would allow the city to waive certain requirements within the states multiple dwelling lawwhich regulates overcrowding and unsafe conditions in apartmentsand bringexisting accessory dwelling unitsinto compliance. Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB). Manhattan Sen. Brian Kavanagh, who chairs the Senate Housing Committee, said his top priority before the legislative session ends early next month is to pass this bill. (914) 377-6560 8:30 am -4:30 pm. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. One of the easiest ways to determine if a basement (or any space, for that matter) is illegal is to look at the Certificate of Occupancy (C of O) for that building. /Size 38 /Linearized 1 Additionally, although the second floor tenant had a lease when they first moved in, that lease has since expired and the parties never entered into a new written lease. That reduced the goal of assisting 40 homeowners down to just nine already approved. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 0000059225 00000 n You can report people living in commercial space. I dont want to be caught in a situation to move into a worse situation.. Perhaps you must go through a portion of another apartment to get to yours. At least three cases are still pending in criminal court. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. /Subtype /Image After spending a night in jail, she was issued a temporary order of protection by a judge. Additionally, regardless of what the lease may state or the illegality of the premises, participating in illegal activities will get the tenant evicted as if the lease were in effect. In the scant instances landlords or property owners do end up in criminal court, state court data shows that punishment is virtually non-existent. According to Norma and Luis, during the pandemic the landlord also told them incorrectly that the eviction moratorium only applied to citizens, not undocumented immigrants. endobj A third category of rent stabilized apartments covers buildings with three or . Cutting the red tape to ensure the citys basement apartments are livable is the bare minimum we should do, said Beth Finkel, the organization's state director. The court in the same case stated above that " there is no statute prohibiting the collection of rent from an illegal one or two family dwelling." Case law supports my argument. That is, the C of O will state what purpose each floor may be used for. /ProcSet [/PDF /ImageC /Text] >> /Outlines 14 0 R /CropBox [0 0 612 792] For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. Or, perhaps the building is not registered with the city as an apartment or rental unit. 0000064661 00000 n Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. City of New York. So displacement leads to . I own a apartment building in the Brooklyn ny, everything is up to code. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. 2. stream Other illegally subdivided areas of an apartment, house, or a building. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. At Montefiore, nurses won a 19% wage increase over three years. We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. Because their restaurant work was cut during the pandemic, they had fallen behind on rent but were gradually paying their landlord back, according to them and a rent ledger they maintained. For assistance with your ECB/OATH violations, illegal basement violations, gas company violations, gas boiler violations, or any plumbing building violations in NYC, call John Farr at 917-324-2535. And Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year about building to. Three cases are still pending out a deal with a landlord to ask for two months & # ;. And after the Loft law Modern Studios for Today S Creatives Cityrealty 47 of. 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